Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 247-S.F.No. 1130
           An act relating to occupations and professions; 
          changing the composition of the board of medical 
          examiners and the method of appointing board members; 
          authorizing the release of certain information by the 
          board of medical examiners; requiring the board of 
          medical examiners to adopt a written statement 
          describing its procedures, and publish disciplinary 
          actions; revising the standards for licensing and 
          disciplining physicians; establishing reporting 
          requirements for health professionals and granting 
          immunity to those complying with reporting 
          requirements; establishing special requirements for 
          health-related licensing boards; recodifying certain 
          provisions in Minnesota Statutes, chapter 147; 
          amending Minnesota Statutes 1984, sections 147.01, 
          subdivisions 1, 2, and 4; 147.02, subdivision 1, and 
          by adding subdivisions; 147.021; 147.03; 147.073; 
          147.074; 147.09; 147.10; 155A.08, subdivision 2; 
          176.011, subdivision 9; 214.07, subdivision 1; and 
          214.10, subdivision 1, and by adding a subdivision; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 147; repealing Minnesota Statutes 1984, 
          sections 147.02, subdivision 2; 147.06; 147.07; 
          147.072; 147.101; 147.11; 147.12; 147.13; 147.16; 
          147.17; 147.18; 147.19; 147.20; and 147.23. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 147.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CREATION; TERMS.] The board of medical 
examiners shall consist consists of 11 members, residents of the 
state of Minnesota, appointed by the governor as hereinafter 
provided (a).  Seven of whom shall board members must hold a 
degree of doctor of medicine and be licensed to practice 
medicine under this chapter, (b).  One of whom shall board 
member must hold a degree of doctor of osteopathy and either be 
licensed to practice osteopathy under Minnesota Statutes 1961, 
Sections 148.11 to 148.16; prior to May 1, 1963, or be licensed 
to practice medicine under this chapter and (c).  Three of whom 
shall board members must be public members as defined by section 
214.02.  One of the public members must represent a mental 
health and consumer advocacy organization.  A member may serve 
more than one term but shall not serve more than two terms 
consecutively.  Membership terms, compensation of members, 
removal of members, the filling of membership vacancies, and 
fiscal year and reporting requirements shall be are as provided 
in sections 214.07 to 214.09.  The provision of staff, 
administrative services and office space; the review and 
processing of complaints; the setting of board fees; and other 
provisions relating to board operations shall be are as provided 
in chapter 214 and Laws 1976, Chapter 222, Sections 2 to 7. 
    Sec. 2.  Minnesota Statutes 1984, section 147.01, 
subdivision 2, is amended to read: 
    Subd. 2.  [RECOMMENDATIONS FOR APPOINTMENT.] Each year in 
which the terms of doctors of medicine expire the council of the 
Minnesota state medical association shall recommend to the 
governor three doctors of medicine qualified to serve on the 
board with respect to each membership which is then filled by a 
doctor of medicine.  Each year in which the term of a doctor of 
osteopathy expires, the Minnesota state osteopathic association 
shall recommend to the governor three doctors of osteopathy 
qualified to serve on the board.  From the list of persons so 
recommended the governor may appoint one member to the board for 
the above prescribed term of four years.  Within 60 days after 
the occurrence of any vacancy in the board, the council of the 
Minnesota state medical association, if the vacancy be with 
respect to a membership vacated by a doctor of medicine, or the 
Minnesota state osteopathic association, if the vacancy be with 
respect to a membership vacated by a doctor of osteopathy, shall 
recommend to the governor three doctors of medicine qualified to 
serve on the board if the recommendation be by the Minnesota 
state medical association or three doctors of osteopathy 
qualified to serve on the board if the recommendation be by the 
Minnesota state osteopathic association.  From the list of 
persons so recommended the governor, within 30 days after 
receiving such recommendation, may appoint one member to the 
board for the unexpired term occasioned by such vacancy and any 
appointment thereto to fill a vacancy shall be made within 90 
days after the occurrence of such vacancy for the balance of the 
unexpired term Prior to the end of the term of a doctor of 
medicine or public member on the board, or within 60 days after 
a doctor of medicine or public member position on the board 
becomes vacant, the state medical association, the mental health 
association of Minnesota, and other interested persons and 
organizations may recommend to the governor doctors of medicine 
and public members qualified to serve on the board.  Prior to 
the end of the term of a doctor of osteopathy, or within 60 days 
after a doctor of osteopathy membership becomes vacant, the 
Minnesota osteopathic medical society may recommend to the 
governor three doctors of osteopathy qualified to serve on the 
board.  The governor may appoint members to the board from the 
list of persons recommended or from among other qualified 
candidates. 
    Sec. 3.  Minnesota Statutes 1984, section 147.01, 
subdivision 4, is amended to read: 
    Subd. 4.  [DISCLOSURE.] Subject to the exceptions listed in 
this subdivision, all communications or information received by 
or disclosed to the board relating to any person or matter 
subject to its regulatory jurisdiction, and all records of any 
action or proceedings thereon, except only a final decision of 
the board, which shall state the specific reason therefor shall 
be are confidential and privileged within the meaning of section 
595.02, subdivision 1, paragraph (e), and shall not be public 
records within the meaning of section 15.17, subdivision 4; 
provided that and any disciplinary hearing shall be closed to 
the public.  
    (a) Upon application of a party in a proceeding before the 
board pursuant to under section 147.021, the board shall produce 
and permit the inspection and copying, by or on behalf of the 
moving party, of any designated documents or papers relevant to 
the proceedings, in accordance with the provisions of rule 34, 
Minnesota rules of civil procedure. 
    (b) If the board imposes disciplinary measures of any kind, 
the name and business address of the licensee, the nature of the 
misconduct, and the action taken by the board are public data. 
    (c) The board shall exchange information with other 
licensing boards, agencies, or departments within the state, as 
required under section 214.10, subdivision 8, paragraph (e), and 
may release information in the reports required under sections 
147.02, subdivision 6, and 214.10, subdivision 8, paragraph (c). 
    Sec. 4.  Minnesota Statutes 1984, section 147.02, 
subdivision 1, is amended to read:  
    Subdivision 1.  [EXAMINATION UNITED STATES OR CANADIAN 
MEDICAL SCHOOL GRADUATES.] A person not authorized to practice 
medicine in the state and desiring so to do shall apply to the 
secretary of the state board of medical examiners and pay a fee 
set by the board, which in no case shall be refunded.  At a time 
appointed, or at the next regular examination, he shall prove 
(a) that he is of good moral character; (b) that he is either a 
graduate of a medical or osteopathic school approved by the 
board after a study of its curriculum, faculty, facilities, 
accreditation, and other relevant data, or is currently enrolled 
in the final year of study at such school; and (c) that he has 
satisfactorily passed, within three years before, or five years 
after being granted the degree of M.D. or D.O., an examination 
prepared and graded by either the federation of state medical 
boards or the national board of medical examiners. Certification 
of passage by either the federation of state medical boards, the 
national board of medical examiners or the medical school from 
which the applicant graduated shall be accepted as evidence that 
the applicant has passed such examination.  If the board 
determines that the applicant has not satisfactorily passed an 
examination within three years before, or five years after being 
granted the degree of M.D. or D.O., the board may require the 
applicant to take either of the examinations.  The board may by 
rule establish fees for the renewal of licenses and permits 
authorized by this chapter.  The board may assess a charge, to 
be set by rule, for the delinquent payment of a fee. 
    The board may issue a temporary permit to practice medicine 
to a physician eligible for licensure under section 147.03 upon 
payment of a fee set by the board.  The permit shall be valid 
only until the next meeting of the board.  The board shall, with 
the consent of six of its members, issue a license to practice 
medicine to a person who meets the following requirements:  
     (a) An applicant for a license shall file a written 
application on forms provided by the board, showing to the 
board's satisfaction that the applicant is of good moral 
character and satisfies the requirements of this section.  
     (b) The applicant shall present evidence satisfactory to 
the board that he or she is a graduate of a medical or 
osteopathic school located in the United States, its territories 
or Canada, and approved by the board based upon its faculty, 
curriculum, facilities, accreditation by a recognized national 
accrediting organization approved by the board, and other 
relevant data, or is currently enrolled in the final year of 
study at the school.  
     (c) The applicant must have passed an examination prepared 
and graded by the national board of medical examiners or the 
federation of state medical boards.  The board shall by rule 
determine what constitutes a passing score in the examination.  
     (d) The applicant shall present evidence satisfactory to 
the board of the completion of one year of graduate, clinical 
medical training in a program accredited by a national 
accrediting organization approved by the board or other graduate 
training approved in advance by the board as meeting standards 
similar to those of a national accrediting organization.  
     (e) The applicant shall make arrangements with the 
executive director to appear in person before the board or its 
designated representative to show that he or she satisfies the 
requirements of this section.  The board may establish as 
internal operating procedures the procedures or requirements for 
the applicant's personal presentation.  
     (f) The applicant shall pay a fee established by the board 
by rule.  The fee may not be refunded.  
     (g) The applicant must not have engaged in conduct 
warranting disciplinary action against a licensee.  If the 
applicant does not satisfy the requirements of this paragraph, 
the board may refuse to issue a license unless it determines 
that the public will be protected through issuance of a license 
with conditions and limitations the board considers appropriate. 
    Sec. 5.  Minnesota Statutes 1984, section 147.02, is 
amended by adding a subdivision to read: 
    Subd. 5.  [PROCEDURES.] The board shall adopt a written 
statement of internal operating procedures describing procedures 
for receiving and investigating complaints, reviewing misconduct 
cases, and imposing disciplinary actions. 
    Sec. 6.  Minnesota Statutes 1984, section 147.02, is 
amended by adding a subdivision to read: 
    Subd. 6.  [DISCIPLINARY ACTIONS MUST BE PUBLISHED.] At 
least annually, the board shall publish and release to the 
public a description of all disciplinary measures taken by the 
board.  The publication must include, for each disciplinary 
measure taken, the name and business address of the licensee, 
the nature of the misconduct, and the disciplinary measure taken 
by the board. 
    Sec. 7.  Minnesota Statutes 1984, section 147.021, is 
amended to read:  
    147.021 [REFUSAL TO GRANT LICENSE, SUSPENSION OR REVOCATION 
OF LICENSE GROUNDS FOR DISCIPLINARY ACTION.] 
    Subdivision 1.  [GROUNDS LISTED.] The board shall censure, 
shall may refuse to grant a license to, shall order 
re-examination, or shall suspend, revoke, condition, limit, 
qualify or restrict the license, whether granted under this 
chapter or under Minnesota Statutes 1961, Sections 148.11 to 
148.16, prior to May 1, 1963, of any person whom such board, 
after a hearing, adjudges unqualified or who the board 
determines after such a hearing is any one or more of the 
following or may impose disciplinary action as described in 
section 17 against any physician.  The following conduct is 
prohibited and is grounds for disciplinary action: 
    (a) a person who fails Failure to demonstrate the 
qualifications or satisfy the standards requirements for a 
license contained in this chapter or rules of the board.  The 
burden of proof shall be upon the applicant to demonstrate such 
qualifications or satisfaction of such standards requirements. 
    (b) a person who makes misleading, deceptive, untrue or 
fraudulent representations in the practice of medicine or who 
employs a trick or scheme in the practice of medicine or fraud 
or deceit in obtaining a license to practice medicine Obtaining 
a license by fraud or cheating, or attempting to subvert the 
licensing examination process.  Conduct which subverts or 
attempts to subvert the licensing examination process includes, 
but is not limited to:  (1) conduct which violates the security 
of the examination materials, such as removing examination 
materials from the examination room or having unauthorized 
possession of any portion of a future, current, or previously 
administered licensing examination; (2) conduct which violates 
the standard of test administration, such as communicating with 
another examinee during administration of the examination, 
copying another examinee's answers, permitting another examinee 
to copy one's answers, or possessing unauthorized materials; or 
(3) impersonating an examinee or permitting an impersonator to 
take the examination on one's own behalf. 
    (c) a person who at any time Conviction, during the 
previous five years was convicted, of a felony reasonably 
related to his the practice of medicine or osteopathy.  
Conviction as used in this subdivision shall include a 
conviction of an offense which if committed in this state would 
be deemed a felony without regard to its designation elsewhere, 
or a criminal proceeding where a finding or verdict of guilt is 
made or returned but the adjudication of guilt is either 
withheld or not entered thereon.  
    (d) a person whose license to practice medicine has been 
revoked, suspended, annulled or with regard to whom disciplinary 
action has been taken or whose application for a license has 
been denied by the proper licensing authority of another state, 
territory or country.  
    In clauses (c) and (d) a copy of the judgment or proceeding 
under the seal of the clerk of the court or of the 
administrative agency which entered the same shall be admissible 
into evidence without further authentication and shall 
constitute prima facie evidence of the contents 
thereof Revocation, suspension, restriction, limitation, or 
other disciplinary action against the person's medical license 
in another state or jurisdiction, failure to report to the board 
that charges regarding the person's license have been brought in 
another state or jurisdiction, or having been refused a license 
by any other state or jurisdiction.  
    (e) a person who advertises in any manner, either in his 
own name or under the name of another person or concern, actual 
or pretended, in any newspaper, pamphlet, circular, or other 
written or printed paper or document, professional superiority 
to or greater skill than that possessed by another doctor of 
medicine or another doctor of osteopathy licensed to practice 
medicine under this chapter, or the positive cure of any disease 
Advertising which is false or misleading, which violates any 
rule of the board, or which claims without substantiation the 
positive cure of any disease, or professional superiority to or 
greater skill than that possessed by another physician. 
    (f) a person who violates Violating a lawful rule 
promulgated by the board or violates a lawful an order of the 
board, previously entered by the board in a disciplinary hearing 
a state, or federal law which relates to the practice of 
medicine, or in part regulates the practice of medicine, or a 
state or federal narcotics or controlled substance law. 
    (g) a person who engages Engaging in any unethical, 
deceptive or deleterious conduct; conduct or practice harmful to 
likely to deceive, defraud, or harm the public, or who 
demonstrates demonstrating a willful or careless disregard for 
the health, welfare or safety of his patients a patient; or 
medical practice which is professionally incompetent, in that it 
may create unnecessary danger to any patient's life, health, or 
safety, in any of which cases, proof of actual injury need not 
be established. 
    (h) a person who procures, aids, or abets in the procuring 
of a criminal abortion Failure to supervise a physician's 
assistant or failure to supervise a physician under any 
agreement with the board. 
    (i) a person who violates a statute or rule of this state 
or of any other state or of the United States which relates to 
the practice of medicine or in part regulates the practice of 
medicine Aiding or abetting an unlicensed person in the practice 
of medicine, except that it is not a violation of this paragraph 
for a physician to employ, supervise, or delegate functions to a 
qualified person who may or may not be required to obtain a 
license or registration to provide health services if that 
person is practicing within the scope of his or her license or 
registration or delegated authority. 
    (j) a person who has been adjudged Adjudication as mentally 
incompetent, mentally ill or mentally deficient, or adjudged to 
be as a drug dependent person, an inebriate person, a person 
dangerous to the public, or a person who has a psychopathic 
personality by a court of competent jurisdiction, within or 
without this state.  Such adjudication shall automatically 
suspend a license for the duration thereof unless the board 
orders otherwise. 
    (k) a person who is guilty of Engaging in unprofessional 
conduct. Unprofessional conduct shall include any departure from 
or the failure to conform to the minimal standards of acceptable 
and prevailing medical practice in which proceeding actual 
injury to a patient need not be established. 
    (l) a person who is unable Inability to practice medicine 
with reasonable skill and safety to patients by reason of 
illness, professional incompetence, senility, drunkenness, use 
of drugs, narcotics, chemicals or any other type of material or 
as a result of any mental or physical condition, including 
deterioration through the aging process or loss of motor 
skills.  If the board has probable cause to believe that a 
physician comes within this clause, it shall direct the 
physician to submit to a mental or physical examination.  For 
the purpose of this clause, every physician licensed under this 
chapter shall be deemed to have given his consent to submit to a 
mental or physical examination when directed in writing by the 
board and further to have waived all objections to the 
admissibility of the examining physicians' testimony or 
examination reports on the ground that the same constitute a 
privileged communication.  Failure of a physician to submit to 
such examination when directed shall constitute an admission of 
the allegations against him, unless the failure was due to 
circumstances beyond his control, in which case a default and 
final order may be entered without the taking of testimony or 
presentation of evidence.  A physician affected under this 
clause shall at reasonable intervals be afforded an opportunity 
to demonstrate that he can resume the competent practice of 
medicine with reasonable skill and safety to patients. 
    In any proceeding under this clause, neither the record of 
proceedings nor the orders entered by the board shall be used 
against a physician in any other proceeding. 
    (m) a person who willfully betrays a professional secret 
Revealing a privileged communication from or relating to a 
patient except when otherwise required or permitted by law. 
    (n) Failure by a doctor of osteopathy who fails to identify 
his school of healing in the professional use of his name by one 
of the following terms:  osteopathic physician and surgeon, 
doctor of osteopathy, or D.O. 
    (o) Improper management of medical records, including 
failure to maintain adequate medical records, to comply with a 
patient's request made pursuant to section 144.335 or to furnish 
a medical record or report required by law.  
     (p) Splitting fees, or promising to pay a portion of a fee 
or a commission, or accepting a rebate.  
     (q) Engaging in abusive or fraudulent billing practices, 
including violations of the federal Medicare and Medicaid laws 
or state medical assistance laws.  
     (r) Becoming addicted or habituated to a drug or intoxicant.
     (s) Prescribing a drug for other than medically accepted 
therapeutic or experimental or investigative purposes authorized 
by a state or federal agency.  
     (t) Engaging in conduct with a patient which is sexual or 
may reasonably be interpreted by the patient as sexual, or in 
any verbal behavior which is seductive or sexually demeaning to 
a patient.  
    (u) Failure to make reports as required by section 14 or to 
cooperate with an investigation of the board as required by 
section 16. 
    Subd. 2.  [EFFECTIVE DATES.] A suspension, revocation, 
condition, limitation, qualification or restriction of a license 
shall be in effect pending determination of an appeal unless the 
court, upon petition and for good cause shown, shall otherwise 
order. 
    A license to practice medicine is automatically suspended 
if (1) a guardian of the person of a licensee is appointed by 
order of a probate court pursuant to sections 525.54 to 525.612, 
for reasons other than the minority of the licensee; or (2) the 
licensee is committed by order of a probate court pursuant to 
chapter 253B or sections 526.09 to 526.11.  The license remains 
suspended until the licensee is restored to capacity by a court 
and, upon petition by the licensee, the suspension is terminated 
by the board after a hearing.  A license to practice medicine is 
also suspended when a licensee is convicted of the crime of 
abortion and remains suspended until, upon petition by the 
licensee, the suspension is terminated by the board after a 
hearing. 
    When a probate court or other court of competent 
jurisdiction appoints a guardian of the person of a licensee 
pursuant to sections 525.54 to 525.612 for reasons other than 
the minority of the licensee or commits a licensee pursuant to 
chapter 253B or sections 526.09 to 526.11, the probate court or 
other court of competent jurisdiction shall promptly notify the 
board in writing of the fact. 
    Subd. 3.  [CONDITIONS ON REISSUED LICENSE.] In its 
discretion, the board may restore and reissue a license to 
practice medicine, but as a condition thereof may impose any 
disciplinary or corrective measure which it might originally 
have imposed.  
    Subd. 4.  [TEMPORARY SUSPENSION OF LICENSE.] In addition to 
any other remedy provided by law, the board may, without a 
hearing, temporarily suspend a the license for not more than 60 
days of a physician if the board finds that a the physician has 
violated a statute or rule which the board is empowered to 
enforce and continued practice by the physician would create an 
imminent a serious risk of harm to others the public.  The 
suspension shall take effect upon written notice to the 
physician, specifying the statute or rule violated.  The 
suspension shall remain in effect until the board issues a final 
order in the matter after a hearing.  At the time it issues the 
suspension notice, the board shall schedule a disciplinary 
hearing to be held pursuant to the administrative procedure 
act.  The physician shall be provided with at least 20 days 
notice of any hearing held pursuant to this subdivision.  The 
hearing shall be scheduled to begin no later than 30 days after 
the issuance of the suspension order.  
     Subd. 5.  [EVIDENCE.] In disciplinary actions alleging a 
violation of subdivision 1, paragraph (c) or (d), a copy of the 
judgment or proceeding under the seal of the clerk of the court 
or of the administrative agency which entered the same shall be 
admissible into evidence without further authentication and 
shall constitute prima facie evidence of the contents thereof.  
    Subd. 6.  [MENTAL EXAMINATION; ACCESS TO MEDICAL DATA.] (a) 
If the board has probable cause to believe that a physician 
comes under subdivision 1, paragraph (1), it may direct the 
physician to submit to a mental or physical examination.  For 
the purpose of this subdivision every physician licensed under 
this chapter is deemed to have consented to submit to a mental 
or physical examination when directed in writing by the board 
and further to have waived all objections to the admissibility 
of the examining physicians' testimony or examination reports on 
the ground that the same constitute a privileged communication. 
Failure of a physician to submit to an examination when directed 
constitutes an admission of the allegations against the 
physician, unless the failure was due to circumstance beyond the 
physician's control, in which case a default and final order may 
be entered without the taking of testimony or presentation of 
evidence.  A physician affected under this paragraph shall at 
reasonable intervals be given an opportunity to demonstrate that 
he or she can resume the competent practice of medicine with 
reasonable skill and safety to patients.  
     In any proceeding under this paragraph, neither the record 
of proceedings nor the orders entered by the board shall be used 
against a physician in any other proceeding.  
     (b) In addition to ordering a physical or mental 
examination, the board may, notwithstanding sections 13.42, 
144.651, or any other law limiting access to medical or other 
health data, obtain medical data and health records relating to 
a licensee or applicant without the licensee's or applicant's 
consent if the board has probable cause to believe that a 
physician comes under subdivision 1, paragraph (1).  The medical 
data may be requested from a provider, as defined in section 
144.335, subdivision 1, paragraph (b), an insurance company, or 
a government agency, including the department of human 
services.  A provider, insurance company, or government agency 
shall comply with any written request of the board under this 
subdivision and is not liable in any action for damages for 
releasing the data requested by the board if the data are 
released pursuant to a written request under this subdivision, 
unless the information is false and the provider giving the 
information knew, or had reason to believe, the information was 
false.  Information obtained under this subdivision is 
classified as private under sections 13.01 to 13.87. 
    Sec. 8.  Minnesota Statutes 1984, section 147.03, is 
amended to read:  
    147.03 [LICENSES; BOARDS OF OTHER STATES, NATIONAL BOARD, 
MEDICAL COUNCIL OF CANADA LICENSURE BY ENDORSEMENT; 
RECIPROCITY.] 
    The state board of medical examiners, either with or 
without examination, may grant a license to any physician 
licensed to practice by a similar board of another state, the 
national board of medical examiners, or the national board of 
examiners for osteopathic physicians and surgeons or the 
Licensure Medical Council of Canada.  The physician must hold a 
certificate of registration showing that an examination has been 
made by the proper board, in which an average grade of not less 
than 75 percent was awarded to the holder and that the applicant 
and holder of the certificate was, at the time of the 
examination, the legal possessor of a diploma from a medical or 
osteopathic college in good standing in this state.  In case the 
scope of the previous examination was less than that prescribed 
by this state, the applicant may be required to submit to an 
examination in any subjects not previously covered.  The 
applicant shall pay a fee of $100, which in no case shall be 
refunded. 
    A certificate of registration or license issued by the 
proper board of any state may be accepted as evidence of 
qualification for registration in this state; provided the 
holder thereof was, at the time of such registration, the legal 
possessor of a diploma issued by a medical or osteopathic 
college in good standing in this state and that the date thereof 
was prior to the legal requirements of the examination test in 
this state.  The board, with the consent of six of its members, 
may issue a license to practice medicine to any person who 
satisfies the following requirements:  
     (a) The applicant shall satisfy all the requirements 
established in section 4, subdivision 1, paragraphs (a), (b), 
(d), (e), and (f).  
    (b) The applicant shall present evidence satisfactory to 
the board that he or she has a valid license to practice 
medicine issued by the proper agency in another state or by a 
province of Canada; or is a diplomate of the national board of 
medical examiners, the national board of examiners for 
osteopathic physicians and surgeons, or the licensure medical 
council of Canada.  
    (c) The applicant shall present evidence satisfactory to 
the board that he or she passed an examination as determined by 
the endorsing examining board or licensing agency.  The board, 
at its discretion, may establish by rule passing grade levels 
higher than those determined by an examining board or agency or 
may require the applicant to be examined in subjects not 
previously covered in an examination.  
     (d) The applicant shall pay a fee established by the board 
by rule.  The fee may not be refunded.  
     (e) The applicant must not have engaged in conduct 
warranting disciplinary action against a licensee, or have been 
subject to disciplinary action in another state.  If an 
applicant does not satisfy the requirements stated in this 
clause, the board may refuse to issue a license unless it 
determines that the public will be protected through issuance of 
a license with conditions or limitations the board considers 
appropriate.  
     The board may issue a temporary permit to practice medicine 
to a physician eligible for licensure under this section upon 
payment of a fee set by the board.  The permit remains valid 
only until the next meeting of the board.  
    Sec. 9.  [147.037] [LICENSING OF FOREIGN MEDICAL SCHOOL 
GRADUATES.] 
    Subdivision 1.  [REQUIREMENTS.] The board shall, with the 
consent of six of its members, issue a license to practice 
medicine to any person who satisfies the following requirements: 
    (a) The applicant shall satisfy all the requirements 
established in section 4, subdivision 1, paragraphs (a), (e), 
(f), and (g).  
     (b) The applicant shall present evidence satisfactory to 
the board that he or she is a graduate of a medical or 
osteopathic school approved by the board as equivalent to 
accredited United States or Canadian schools based upon its 
faculty, curriculum, facilities, accreditation, or other 
relevant data.  
     (c) The applicant shall present evidence satisfactory to 
the board that he or she has been awarded a certificate by the 
educational council for foreign medical graduates and that he or 
she has a working ability in the English language sufficient to 
communicate with patients and physicians and to engage in the 
practice of medicine.  
    (d) The applicant shall present evidence satisfactory to 
the board of the completion of two years of graduate, clinical 
medical training in a program located in the United States, its 
territories, or Canada and accredited by a national accrediting 
organization approved by the board or other graduate training 
approved in advance by the board as meeting standards similar to 
those of a national accrediting organization.  This requirement 
shall not apply to an applicant who is admitted as a permanent 
immigrant to the United States as a person of exceptional 
ability in the sciences pursuant to rules of the United States 
department of labor and who has completed one year of the 
graduate, clinical medical training required by this paragraph. 
    (e) The applicant must have passed an examination prepared 
and graded by the federation of state medical boards, the 
licensure medical council of Canada, or shall establish 
eligibility through reciprocity with another state using an 
examination equivalent to Minnesota's at the time the applicant 
was licensed in that state.  
    Subd. 2.  [MEDICAL SCHOOL REVIEW.] The board may contract 
with any qualified person or organization for the performance of 
a review or investigation, including site visits if necessary, 
of any medical or osteopathic school prior to approving the 
school under section 4, subdivision 1, paragraph (b), or 
subdivision 1, paragraph (b), of this section.  To the extent 
possible, the board shall require the school being reviewed to 
pay the costs of the review or investigation. 
    Sec. 10.  Minnesota Statutes 1984, section 147.073, is 
amended to read: 
    147.073 [PHYSICIAN ACCOUNTABILITY.] 
    Subdivision 1.  [INVESTIGATION.] The board shall maintain 
and keep current a file containing the insurers reports 
and public complaints filed against physicians in the state, 
which shall be private information accessible, pursuant to 
chapter 13, to the physician who is the subject of the data.  
Each complaint filed with the board pursuant to section 214.10, 
subdivision 1, shall be investigated according to section 
214.10, subdivision 2. 
    Whenever the files maintained by the board show that a 
medical malpractice settlement or award to the plaintiff has 
been made against a physician as reported by insurers pursuant 
to section 147.072 9, the executive director of the board shall 
notify the board and the board may authorize a review of the 
physician's practice. 
    Subd. 2.  [ATTORNEY GENERAL INVESTIGATES.] When the board 
initiates a review of a physician's practice it shall notify the 
attorney general who shall investigate the matter in the same 
manner as provided in section 214.10.  If an investigation is to 
be made, the attorney general shall notify the physician, and, 
if the incident being investigated occurred there, the 
administrator and chief of staff at the medical care facilities 
in which the physician serves. 
    Subd. 3.  [ACCESS TO HOSPITAL RECORDS.] The board shall 
have access to hospital and medical records of a patient treated 
by the physician under review if the patient signs a written 
consent permitting such access.  If no consent form has been 
signed, the hospital or physician shall first delete data in the 
record which identifies the patient before providing it to the 
board.  
    Sec. 11.  Minnesota Statutes 1984, section 147.074, is 
amended to read:  
    147.074 [PHYSICIAN'S LISTING OF MEDICAL CARE FACILITIES; 
FILING EXCLUSION.] 
    Each physician shall file with the board a list of the 
in-patient and out-patient medical care facilities at which they 
have he or she has medical privileges.  The list shall be 
updated when the physician applies for license renewal.  Nothing 
in this chapter grants to any person the right to be admitted to 
the medical staff of a health care facility.  
    Sec. 12.  Minnesota Statutes 1984, section 147.09, is 
amended to read:  
    147.09 [EXEMPTIONS.] 
    This chapter shall Section 13 does not apply to 
commissioned surgeons of the United States armed forces, to 
physicians apply to, control, prevent or restrict the practice, 
service, or activities of:  
     (1) A person who is a commissioned medical officer of, a 
member of, or employed by, the armed forces of the United 
States, the United States Public Health Service, the Veterans 
Administration, any federal institution or any federal agency 
while engaged in the performance of official duties within this 
state, if the person is licensed elsewhere.  
    (2) A licensed physician from other states a state or 
country who are is in actual consultation here or.  
    (3) A licensed or registered physician who treat their 
treats his or her homestate patients or other participating 
patients while the physicians and those patients are 
participating together in outdoor recreation in this state as 
defined by section 86A.03, subdivision 3, to students.  A 
physician shall first register with the board on a form 
developed by the board for that purpose.  The board shall not be 
required to promulgate the contents of that form by rule.  No 
fee shall be charged for this registration.  
     (4) A student practicing under the direct supervision of a 
preceptor while they are he or she is enrolled in and regularly 
attending a recognized medical school or to.  
    (5) A student who is in continuing training and performing 
the duties of an intern or resident or engaged in postgraduate 
work considered by the board to be the equivalent of an 
internship or residency in any hospital or institution approved 
for training by the board. 
    (6) A person employed in a scientific, sanitary or teaching 
personnel employed capacity by the state university, the state 
department of education, or by any public or private school, 
college, or other bona fide educational institution, or the 
state department of health, whose duties are entirely of a 
public health or educational character, while engaged in such 
duties. 
    These physicians shall first register with the board of 
medical examiners and shall complete a form provided by the 
board for that purpose.  The board shall not be required to 
promulgate the contents of that form by rule.  No fee shall be 
charged for this registration.  
    (7) Physician's assistants registered in this state.  
    (8) A doctor of osteopathy duly licensed by the state board 
of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
148.16, prior to May 1, 1963, who has not been granted a license 
to practice medicine in accordance with this chapter provided 
that he or she confines activities within the scope of the 
license. 
    (9) Any person licensed by a health related licensing 
board, as defined in section 214.01, subdivision 2, or 
registered by the commissioner of health pursuant to section 
214.13, including licensed psychologists with respect to the use 
of hypnosis; provided that the person confines activities within 
the scope of his or her license.  
    (10) A Christian Scientist or other person who endeavors to 
prevent or cure disease or suffering exclusively by mental or 
spiritual means or by prayer, or who practices ritual 
circumcision pursuant to the requirements or tenets of any 
established religion. 
    Sec. 13.  Minnesota Statutes 1984, section 147.10, is 
amended to read: 
    147.10 [PRACTICING WITHOUT LICENSE; PENALTY.] 
    Every person not heretofore authorized by law so to do who 
shall practice medicine in this state without having obtained 
the license herein provided for, and every person who shall so 
practice contrary to any provision of this chapter, shall be 
guilty of a gross misdemeanor.  Any person shall be regarded as 
practicing within the meaning of this chapter who shall append 
to his name any of the letters M.D., M.B. or D.O. or any of the 
words medical doctor, doctor of medicine, surgeon, physician, 
osteopath, doctor of osteopathy, or osteopathic physician or any 
other word or abbreviation when the use thereof is intended to 
indicate or does in fact indicate that he is authorized by law 
to engage in the practice of medicine as herein defined, if he 
is not in fact legally entitled to the use of such letters or 
words; or for a fee prescribe, direct, or recommend for the use 
of any person, any drug, or medicine or other agency for the 
treatment or relief of any wound, fracture, or bodily injury, 
infirmity, or disease.  A doctor of osteopathy duly licensed by 
the state board of osteopathy under Minnesota Statutes 1961, 
Sections 148.11 to 148.16, prior to May 1, 1963, who has not 
been granted a license to practice medicine in accordance with 
section 147.031 shall not be considered as practicing medicine 
within the meaning of this section because he appends the 
letters D.O. to his name so long as he confines his activities 
within the scope of his license.  This section shall not apply 
to any other persons legally authorized to practice healing or 
excepted from the practice of healing in this state so long as 
they confine their activities within the scope of their 
respective licenses, nor to Christian Scientists or other 
persons who endeavor to prevent or cure disease or suffering 
exclusively by mental or spiritual means or by prayer, nor to 
the practice of ritual circumcision performed pursuant to the 
requirements or tenets of any established religion; but this 
section shall apply to persons, other than psychologists 
certified or licensed by statutes, who use hypnosis for the 
treatment or relief of any wound, fracture, or bodily injury, 
infirmity, or disease. 
     Subdivision 1.  [UNLAWFUL PRACTICE OF MEDICINE.] It is 
unlawful for any person not holding a valid license issued in 
accordance with this chapter to practice medicine as defined in 
subdivision 3 in this state.  
    Subd. 2.  [PENALTY.] Any person violating the provisions of 
subdivision 1 is guilty of a gross misdemeanor.  
     Subd. 3.  [PRACTICE OF MEDICINE DEFINED.] For purposes of 
this chapter, a person not exempted under section 147.09 is 
"practicing medicine" or engaged in the "practice of medicine" 
if the person does any of the following:  
     (1) advertises, holds out to the public, or represents in 
any manner that he or she is authorized to practice medicine in 
this state;  
     (2) offers or undertakes to prescribe, give, or administer 
any drug or medicine for the use of another;  
    (3) offers or undertakes to prevent or to diagnose, 
correct, or treat in any manner or by any means, methods, 
devices, or instrumentalities, any disease, illness, pain, 
wound, fracture, infirmity, deformity or defect of any person;  
    (4) offers or undertakes to perform any surgical operation 
upon any person;  
    (5) offers to undertake to use hypnosis for the treatment 
or relief of any wound, fracture, or bodily injury, infirmity, 
or disease; or 
    (6) uses in the conduct of any occupation or profession 
pertaining to the diagnosis of human disease or conditions, the 
designation "doctor of medicine," "medical doctor," "doctor of 
osteopathy," "osteopath," "osteopathic physician," "physician," 
"surgeon," "M.D.," "D.O.," or any combination of these 
designations. 
    Sec. 14.  [147.111] [REPORTING OBLIGATIONS.] 
    Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
knowledge of any conduct constituting grounds for discipline 
under sections 147.01 to 147.33 may report the violation to the 
board.  
    Subd. 2.  [INSTITUTIONS.] Any hospital, clinic, prepaid 
medical plan, or other health care institution or organization 
located in this state shall report to the board any action taken 
by the institution or organization or any of its administrators 
or medical or other committees to revoke, suspend, restrict, or 
condition a physician's privilege to practice or treat patients 
in the institution, or as part of the organization, any denial 
of privileges, or any other disciplinary action.  The 
institution or organization shall also report the resignation of 
any physicians prior to the conclusion of any disciplinary 
proceeding, or prior to the commencement of formal charges but 
after the physician had knowledge that formal charges were 
contemplated or in preparation.  No report shall be required of 
a physician voluntarily limiting his or her practice at a 
hospital provided that the physician notifies all hospitals at 
which he or she has privileges of the voluntary limitation and 
the reasons for it. 
    Subd. 3.  [MEDICAL SOCIETIES.] A state or local medical 
society shall report to the board any termination, revocation, 
or suspension of membership or any other disciplinary action 
taken against a physician.  If the society has received a 
complaint which might be grounds for discipline under sections 
147.01 to 147.33 against a member physician on which it has not 
taken any disciplinary action, the society shall report the 
complaint and the reason why it has not taken action on it or 
shall direct the complainant to the board of medical examiners.  
    Subd. 4.  [LICENSED PROFESSIONALS.] A licensed health 
professional shall report to the board personal knowledge of any 
conduct which he or she reasonably believes constitutes grounds 
for disciplinary action under sections 147.01 to 147.33 by any 
physician, including any conduct indicating that the physician 
may be medically incompetent, or may have engaged in 
unprofessional conduct or may be medically or physically unable 
to engage safely in the practice of medicine.  No report shall 
be required if the information was obtained in the course of a 
physician-patient relationship if the patient is another 
physician and the treating physician successfully counsels the 
other physician to limit or withdraw from practice to the extent 
required by the impairment. 
     Subd. 5.  [INSURERS.] Four times each year as prescribed by 
the board, each insurer authorized to sell insurance described 
in section 60A.06, subdivision 1, clause (13), and providing 
professional liability insurance to physicians shall submit to 
the board a report concerning the physicians against whom 
medical malpractice settlements or awards have been made to the 
plaintiff.  The report must contain at least the following 
information:  
     (1) the total number of medical malpractice settlements or 
awards made to the plaintiff;  
     (2) the date the medical malpractice settlements or awards 
to the plaintiff were made;  
     (3) the allegations contained in the claim or complaint 
leading to the settlements or awards made to the plaintiff;  
     (4) the dollar amount of each medical malpractice 
settlement or award;  
     (5) the regular address of the practice of the physician 
against whom an award was made or with whom a settlement was 
made; and 
     (6) the name of the physician against whom an award was 
made or with whom a settlement was made.  
     The insurance company shall, in addition to the above 
information, report to the board any information it possesses 
which tends to substantiate a charge that a physician may have 
engaged in conduct violating sections 147.01 to 147.33.  
    Subd. 6.  [COURTS.] The clerk of district court or any 
other court of competent jurisdiction shall report to the board 
any judgment or other determination of the court which adjudges 
or includes a finding that a physician is mentally ill, mentally 
incompetent, guilty of a felony, or guilty of a violation of 
federal or state narcotics laws or controlled substances act, 
guilty of an abuse or fraud under Medicare or Medicaid, appoints 
a guardian of the physician pursuant to sections 525.54 to 
525.61 or commits a physician pursuant to chapter 253B or 
sections 526.09 to 526.11.  
    Subd. 7.  [SELF-REPORTING.] A physician shall report to the 
board any action concerning himself or herself which would 
require that a report be filed with the board by any person, 
health care facility, business, or organization pursuant to 
subdivisions 2 to 6. 
    Subd. 8.  [DEADLINES; FORMS.] Reports required by 
subdivisions 2 to 7 must be submitted not later than 30 days 
after the occurrence of the reportable event or transaction. The 
board may provide forms for the submission of reports required 
by this section, may require that reports be submitted on the 
forms provided, and may adopt rules necessary to assure prompt 
and accurate reporting.  
    Subd. 9.  [SUBPOENAS.] The board may issue subpoenas for 
the production of any reports required by subdivisions 2 to 7 or 
any related documents. 
    Sec. 15.  [147.121] [IMMUNITY.] 
    Subdivision 1.  [REPORTING.] Any person, health care 
facility, business, or organization is immune from civil 
liability or criminal prosecution for submitting a report to the 
board pursuant to section 14 or for otherwise reporting to the 
board violations or alleged violations of section 147.021.  All 
such reports are confidential and absolutely privileged 
communications.  
    Subd. 2.  [INVESTIGATION.] Members of the board and persons 
employed by the board or engaged in the investigation of 
violations and in the preparation and management of charges of 
violations of sections 147.01 to 147.33 on behalf of the board 
are immune from civil liability and criminal prosecution for any 
actions, transactions, or publications in the execution of, or 
relating to, their duties under sections 147.01 to 147.33.  
    Sec. 16.  [147.131] [PHYSICIAN COOPERATION.] 
    A physician who is the subject of an investigation by or on 
behalf of the board shall cooperate fully with the investigation.
Cooperation includes responding fully and promptly to any 
question raised by or on behalf of the board relating to the 
subject of the investigation and providing copies of patient 
medical records, as reasonably requested by the board, to assist 
the board in its investigation.  The board shall pay for copies 
requested.  If the board does not have a written consent from a 
patient permitting access to his or her records, the physician 
shall delete any data in the record which identifies the patient 
before providing it to the board.  The board shall maintain any 
records obtained pursuant to this section as investigative data 
pursuant to chapter 13. 
    Sec. 17.  [147.141] [FORMS OF DISCIPLINARY ACTION.] 
    When the board finds that a licensed physician has violated 
a provision or provisions of sections 147.01 to 147.33, it may 
do one or more of the following:  
    (1) revoke the license;  
    (2) suspend the license;  
    (3) impose limitations or conditions on the physician's 
practice of medicine, including the limitation of scope of 
practice to designated field specialties; the imposition of 
retraining or rehabilitation requirements; the requirement of 
practice under supervision; or the conditioning of continued 
practice on demonstration of knowledge or skills by appropriate 
examination or other review of skill and competence;  
    (4) impose a civil penalty not exceeding $10,000 for each 
separate violation, the amount of the civil penalty to be fixed 
so as to deprive the physician of any economic advantage gained 
by reason of the violation charged or to reimburse the board for 
the cost of the investigation and proceeding;  
    (5) order the physician to provide unremunerated 
professional service under supervision at a designated public 
hospital, clinic, or other health care institution; or 
    (6) censure or reprimand the licensed physician.  
    Sec. 18.  [147.151] [DISCIPLINARY RECORD ON JUDICIAL 
REVIEW.] 
    Upon judicial review of any board disciplinary action taken 
under sections 147.01 to 147.33, the reviewing court shall seal 
the administrative record, except for the board's final 
decision, and shall not make the administrative record available 
to the public. 
    Sec. 19.  Minnesota Statutes 1984, section 155A.08, 
subdivision 2, is amended to read:  
    Subd. 2.  [REQUIREMENTS.] The conditions and process by 
which a salon is licensed shall be established by the director 
by rule after consultation with the council.  The rule shall 
include the following requirements:  
    (a) Compliance with all local and state laws, particularly 
relating to matters of sanitation, health, and safety;  
    (b) The employment of a manager, as defined in section 
155A.03, subdivision 6;  
    (c) Inspection and licensing prior to the commencing of 
business; and 
    (d) Evidence of professional liability insurance coverage 
in an amount by claim and total coverage as established by 
rule.  The rule shall authorize a licensed esthetician or 
manicurist who complies with the health, safety, sanitation, 
inspection, and insurance rules promulgated by the director to 
operate a salon solely for the performance of those personal 
services defined in section 155A.03, subdivision 4, in the case 
of an esthetician, or subdivision 5, in the case of a manicurist.
    Sec. 20.  Minnesota Statutes 1984, section 176.011, 
subdivision 9, is amended to read:  
    Subd. 9.  [EMPLOYEE.] "Employee" means any person who 
performs services for another for hire including the following: 
    (1) an alien; 
    (2) a minor; 
    (3) a sheriff, deputy sheriff, constable, marshal, 
policeman, firefighter, county highway engineer, and peace 
officer while engaged in the enforcement of peace or in the 
pursuit or capture of any person charged with or suspected of 
crime and any person requested or commanded to aid an officer in 
arresting any person, or in retaking any person who has escaped 
from lawful custody, or in executing any legal process in which 
case, for purposes of calculating compensation payable under 
this chapter, the daily wage of the person requested or 
commanded to assist an officer or to execute a legal process 
shall be the prevailing wage for similar services where the 
services are performed by paid employees; 
      (4) a county assessor; 
      (5) an elected or appointed official of the state, or of 
any county, city, town, school district or governmental 
subdivision in it.  An officer of a political subdivision 
elected or appointed for a regular term of office, or to 
complete the unexpired portion of a regular term, shall be 
included only after the governing body of the political 
subdivision has adopted an ordinance or resolution to that 
effect; 
      (6) an executive officer of a corporation, except an 
officer of a family farm corporation as defined in section 
500.24, subdivision 1, clause (c), or an executive officer of a 
closely held corporation who is referred to in section 176.012; 
      (7) a voluntary uncompensated worker, other than an inmate, 
rendering services in state institutions under the commissioner 
of human services and state institutions under the commissioner 
of corrections similar to those of officers and employees of 
these institutions, and whose services have been accepted or 
contracted for by the commissioner of human services or the 
commissioner of corrections as authorized by law, shall be 
employees.  In the event of injury or death of the voluntary 
uncompensated worker, the daily wage of the worker, for the 
purpose of calculating compensation payable under this chapter, 
shall be the usual going wage paid at the time of the injury or 
death for similar services in institutions where the services 
are performed by paid employees; 
      (8) a voluntary uncompensated worker engaged in peace time 
in the civil defense program when ordered to training or other 
duty by the state or any political subdivision of it, shall be 
an employee.  The daily wage of the worker for the purpose of 
calculating compensation payable under this chapter, shall be 
the usual going wage paid at the time of the injury or death for 
similar services where the services are performed by paid 
employees; 
      (9) a voluntary uncompensated worker participating in a 
program established by a county welfare board shall be an 
employee.  In the event of injury or death of the voluntary 
uncompensated worker, the wage of the worker, for the purpose of 
calculating compensation payable under this chapter, shall be 
the usual going wage paid in the county at the time of the 
injury or death for similar services where the services are 
performed by paid employees working a normal day and week; 
      (10) a voluntary uncompensated worker accepted by the 
commissioner of natural resources who is rendering services as a 
volunteer pursuant to section 84.089 shall be an employee.  The 
daily wage of the worker for the purpose of calculating 
compensation payable under this chapter, shall be the usual 
going wage paid at the time of injury or death for similar 
services where the services are performed by paid employees; 
      (11) a member of the military forces, as defined in section 
190.05, while in state active service, as defined in section 
190.05, subdivision 5a.  The daily wage of the member for the 
purpose of calculating compensation payable under this chapter 
shall be based on the member's usual earnings in civil life.  If 
there is no evidence of previous occupation or earning, the 
trier of fact shall consider the member's earnings as a member 
of the military forces; 
      (12) a voluntary uncompensated worker, accepted by the 
director of the Minnesota historical society, rendering services 
as a volunteer, pursuant to chapter 138, shall be an employee.  
The daily wage of the worker, for the purposes of calculating 
compensation payable under this chapter, shall be the usual 
going wage paid at the time of injury or death for similar 
services where the services are performed by paid employees; 
      (13) a voluntary uncompensated worker, other than a 
student, who renders services at the Minnesota School for the 
Deaf or the Minnesota Braille and Sight-Saving School, and whose 
services have been accepted or contracted for by the state board 
of education, as authorized by law, shall be an employee.  In 
the event of injury or death of the voluntary uncompensated 
worker, the daily wage of the worker, for the purpose of 
calculating compensation payable under this chapter, shall be 
the usual going wage paid at the time of the injury or death for 
similar services in institutions where the services are 
performed by paid employees; 
      (14) a voluntary uncompensated worker, other than a 
resident of the veterans home, who renders services at a 
Minnesota veterans home, and whose services have been accepted 
or contracted for by the commissioner of veterans affairs, as 
authorized by law, is an employee.  In the event of injury or 
death of the voluntary uncompensated worker, the daily wage of 
the worker, for the purpose of calculating compensation payable 
under this chapter, shall be the usual going wage paid at the 
time of the injury or death for similar services in institutions 
where the services are performed by paid employees;  
    (15) a worker who renders in-home attendant care services 
to a physically handicapped person, and who is paid directly by 
the commissioner of human services for these services, shall be 
an employee of the state within the meaning of this subdivision, 
but for no other purpose;  
    (16) those students enrolled in and regularly attending the 
medical school of the University of Minnesota, whether in the 
graduate school program or the post-graduate program, as 
provided in section 147.20, notwithstanding that the students 
shall not be considered employees for any other purpose.  In the 
event of the student's injury or death, the weekly wage of the 
student for the purpose of calculating compensation payable 
under chapter 176, shall be the annualized educational stipend 
awarded to the student, divided by 52 weeks.  The institution in 
which the student is enrolled shall be considered the "employer" 
for the limited purpose of determining responsibility for paying 
benefits payable under chapter 176;  
    (17) a faculty member of the University of Minnesota 
employed for the current academic year is also an employee for 
the period between that academic year and the succeeding 
academic year if: 
    (a) the faculty member has a contract or reasonable 
assurance of a contract from the University of Minnesota for the 
succeeding academic year; and 
    (b) the personal injury for which compensation is sought 
arises out of and in the course of activities related to the 
faculty member's employment by the University of Minnesota; and 
    (18) a worker who performs volunteer ambulance driver or 
attendant services is an employee of the political subdivision, 
nonprofit hospital, nonprofit corporation, or other entity for 
which the worker performs the services.  The daily wage of the 
worker for the purpose of calculating compensation payable under 
this chapter is the usual going wage paid at the time of injury 
or death for similar services if the services are performed by 
paid employees; and 
    (19) a voluntary uncompensated worker, accepted by the 
commissioner of administration, rendering services as a 
volunteer at the department of administration.  In the event of 
injury or death of the voluntary uncompensated worker, the daily 
wage of the worker, for the purpose of calculating compensation 
payable under this chapter, shall be the usual going wage paid 
at the time of the injury or death for similar services in 
institutions where the services were performed by paid employees.
    In the event it is difficult to determine the daily wage as 
provided in this subdivision, then the trier of fact may 
determine the wage upon which the compensation is payable. 
    Sec. 21.  Minnesota Statutes 1984, section 214.07, 
subdivision 1, is amended to read: 
    Subdivision 1.  [BOARD REPORTS.] The health related 
licensing boards and the non-health related licensing boards 
shall prepare reports by October 1 of each even numbered year on 
forms prepared by the commissioner of administration.  Copies of 
the reports shall be delivered to the legislature in accordance 
with section 3.195, the governor and the commissioner of 
administration.  Copies of the reports of the health related 
licensing boards shall be delivered to the commissioner of 
health.  The reports shall contain the following information 
relating to the two year period ending the previous June 30: 
    (a) A general statement of board activities; 
    (b) The number of meetings and approximate total number of 
hours spent by all board members in meetings and on other board 
activities; 
    (c) The receipts and disbursements of board funds; 
    (d) The names of board members and their addresses, 
occupations, and dates of appointment and reappointment to the 
board; 
    (e) The names and job classifications of board employees; 
    (f) A brief summary of board rules proposed or adopted 
during the reporting period with appropriate citations to the 
state register and published rules; 
    (g) The number of persons having each type of license and 
registration issued by the board as of June 30 in the year of 
the report; 
    (h) The locations and dates of the administration of 
examinations by the board; 
    (i) The number of persons examined by the board with the 
persons subdivided into groups showing age categories, sex, and 
states of residency; 
    (j) The number of persons licensed or registered by the 
board after taking the examinations referred to in clause (h) 
with the persons subdivided by age categories, sex, and states 
of residency; 
    (k) The number of persons not licensed or registered by the 
board after taking the examinations referred to in clause (h) 
with the persons subdivided by age categories, sex, and states 
of residency; 
    (l) The number of persons not taking the examinations 
referred to in clause (h) who were licensed or registered by the 
board or who were denied licensing or registration with the 
reasons for the licensing or registration or denial thereof and 
with the persons subdivided by age categories, sex, and states 
of residency; 
    (m) The number of persons previously licensed or registered 
by the board whose licenses or registrations were revoked, 
suspended, or otherwise altered in status with brief statements 
of the reasons for the revocation, suspension or alteration; 
    (n) The number of written and oral complaints and other 
communications received by the executive secretary of the board, 
a board member, or any other person performing services for the 
board (1) which allege or imply a violation of a statute or rule 
which the board is empowered to enforce and (2) which are 
forwarded to other agencies as required by section 214.10; 
    (o) A summary, by specific category, of the substance of 
the complaints and communications referred to in clause (n) and, 
for each specific category, the responses or dispositions 
thereof pursuant to sections 214.10 or 214.11; 
    (p) Any other objective information which the board members 
believe will be useful in reviewing board activities. 
    Sec. 22.  Minnesota Statutes 1984, section 214.10, 
subdivision 1, is amended to read:  
    Subdivision 1.  [RECEIPT OF COMPLAINT.] The executive 
secretary of a board, a board member or any other person who 
performs services for the board who receives a complaint or 
other communication, whether oral or written, which complaint or 
communication alleges or implies a violation of a statute or 
rule which the board is empowered to enforce, shall promptly 
forward the substance of the communication on a form prepared by 
the attorney general to the designee of the attorney general 
responsible for providing legal services to the board.  Before 
proceeding further with the communication, the designee of the 
attorney general may require the complaining party to state his 
complaint in writing on a form prepared by the attorney 
general.  Complaints which relate to matters within the 
jurisdiction of another governmental agency shall be forwarded 
to that agency by the executive secretary.  An officer of that 
agency shall advise the executive secretary of the disposition 
of that complaint.  A complaint received by another agency which 
relates to a statute or rule which a licensing board is 
empowered to enforce shall be forwarded to the executive 
secretary of the board to be processed in accordance with this 
section.  No complaint alleging a matter within the jurisdiction 
of the board shall be dismissed by a board unless at least two 
board members have reviewed the matter. 
    Sec. 23.  Minnesota Statutes 1984, section 214.10, is 
amended by adding a subdivision to read: 
    Subd. 8.  [SPECIAL REQUIREMENTS FOR HEALTH-RELATED 
LICENSING BOARDS.] In addition to the provisions of this section 
that apply to all examining and licensing boards, the 
requirements in this subdivision apply to all health-related 
licensing boards, except the board of veterinary medicine. 
    (a) If the executive secretary or consulted board member 
determines that a communication received alleges a violation of 
statute or rule that involves sexual contact with a patient or 
client, the communication shall be forwarded to the designee of 
the attorney general for an investigation of the facts alleged 
in the communication.  If, after an investigation it is the 
opinion of the executive secretary or consulted board member 
that there is sufficient evidence to justify disciplinary 
action, the board shall conduct a disciplinary conference or 
hearing.  If, after a hearing or disciplinary conference the 
board determines that misconduct involving sexual contact with a 
patient or client occurred, the board shall take disciplinary 
action.  Notwithstanding section 214.10, subdivision 2, a board 
may not attempt to correct improper activities or redress 
grievances through education, conciliation, and persuasion, 
unless in the opinion of the executive secretary or consulted 
board member there is insufficient evidence to justify 
disciplinary action.  The board may settle a case by stipulation 
prior to, or during, a hearing if the stipulation provides for 
disciplinary action. 
    (b) In addition to the information required under section 
214.07, subdivision 1, each board shall include in its reports 
to the legislature summaries of each individual case that 
involved possible sexual contact with a patient or client.  The 
summary must include a description of the alleged misconduct; 
the general results of the investigation; the nature of board 
activities relating to that case; the disposition of the case; 
and the reasons for board decisions concerning the disposition 
of the case.  The information disclosed under this section must 
not include the name or specific identifying information about 
any person, agency, or organization. 
    (c) A board member who has a direct current or former 
financial connection or professional relationship to a person 
who is the subject of board disciplinary activities must not 
participate in board activities relating to that case. 
    (d) Each health-related licensing board shall establish 
procedures for exchanging information with other Minnesota state 
boards, agencies, and departments responsible for licensing 
health-related occupations, facilities, and programs, and for 
coordinating investigations involving matters within the 
jurisdiction of more than one licensing body.  The procedures 
must provide for the forwarding to other licensing bodies of all 
information and evidence, including the results of 
investigations, that are relevant to matters within that 
licensing body's regulatory jurisdiction.  Each health-related 
licensing board shall have access to any data of the department 
of human services relating to a person subject to the 
jurisdiction of the licensing board.  The data shall have the 
same classification under sections 13.01 to 13.88, the Minnesota 
government data practices act, in the hands of the agency 
receiving the data as it had in the hands of the department of 
human services. 
    (e) Each health-related licensing board shall establish 
procedures for exchanging information with other states 
regarding disciplinary actions against licensees.  The 
procedures must provide for the collection of information from 
other states about disciplinary actions taken against persons 
who are licensed to practice in Minnesota or who have applied to 
be licensed in this state and the dissemination of information 
to other states regarding disciplinary actions taken in 
Minnesota.  
    Sec. 24.  [REPORT TO LEGISLATURE.] 
    By December 15, 1985, each health related licensing board, 
as defined in Minnesota Statutes, section 214.01, subdivision 2, 
shall submit a report to the legislature in the manner required 
by Minnesota Statutes, section 3.195.  Each report shall 
describe (1) the method used by the board for acknowledging 
complaints that have been filed with that board; (2) the length 
of time taken to provide complaint forms to persons who request 
them and the length of time taken to acknowledge receipt of a 
complaint; (3) the method used to inform complainants of the 
status of a pending complaint; and (4) the information given to 
the complainant upon final disposition of a complaint. 
    Sec. 25.  [REVISOR'S INSTRUCTION.] 
    In Minnesota Statutes 1986 and later editions of the 
statutes, the revisor shall renumber the sections listed in 
column A with the numbers in column B.  The revisor shall also 
make necessary cross-reference changes consistent with the 
renumbering. 
              Column A               Column B 
              147.021                147.091 
              147.05                 147.01, subdivision 5 
              147.073                147.161 
              147.074                147.162 
              147.10                 147.081 
    In Minnesota Statutes 1986 and later editions of the 
statutes, the revisor shall substitute the term "director" for 
"secretary" where "secretary" refers to the executive secretary 
of a health-related licensing board as defined in section 
214.01, subdivision 2. 
    Sec. 26.  [REPEALER.] 
    Minnesota Statutes 1984, sections 147.02, subdivision 2; 
147.06; 147.07; 147.072; 147.101; 147.11; 147.12; 147.13; 
147.16; 147.17; 147.18; 147.19; 147.20; and 147.23, are repealed.
    Approved May 28, 1985